Nunley v. Commonwealth
2013 Ky. LEXIS 38
| Ky. | 2013Background
- Sally, born 1994, testified that Appellant, her stepfather, committed three acts of sodomy against her beginning in seventh grade.
- The assaults occurred in Appellant’s bedroom; later events included kissing and continued contact despite Sally’s reactions.
- Sally disclosed the abuse after a friend suggested telling her grandmother; Sally’s grandmother then informed Sally’s mother, leading to confrontation with Appellant.
- Sally’s mother did not immediately pursue police involvement; Sally later sought counseling and school/social services involvement.
- Appellant was indicted on one count of first-degree sodomy, two counts of second-degree sodomy, and three counts of first-degree sexual abuse; the abuse counts were dismissed, and he was tried on three sodomy counts.
- Appellant was convicted on all three sodomy counts and sentenced to twenty years in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court should have granted a mistrial for Brady violation | Nunley contends Sally’s 2006 counseling was exculpatory and not disclosed. | Nunley argues undisclosed counseling could have aided cross-examination and defense. | No mistrial; no Brady violation; information not shown to be in Commonwealth’s possession. |
| Whether the juror was improperly designated as an alternate and excused | Nunley claims the juror was removed for cause, not properly designated as an alternate. | Nunley challenges the method of replacing the juror and asserts improper removal as alternate. | No abuse of discretion; juror properly excused for cause; designation as alternate permissible under law. |
Key Cases Cited
- Cardine v. Commonwealth, 283 S.W.3d 641 (Ky. 2009) (mistrial standards and continuance considerations in Kentucky law)
- Ordway v. Commonwealth, 391 S.W.3d 762 (Ky. 2013) (excusal of doubtful jurors should be approached with caution; err on the side of removing doubt)
- Lester v. Commonwealth, 132 S.W.3d 857 (Ky. 2004) (trial court review of juror removal for abuse of discretion)
- Shane v. Commonwealth, 243 S.W.3d 336 (Ky. 2007) (foundation for excusing jurors and jury management)
- Bowling v. Commonwealth, 80 S.W.3d 405 (Ky. 2002) ( Brady disclosure requirements and application to defense)